The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.
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TOP NEWS

3rd Circ. Says History Backs NJ Telehealth License Rule

By Carla Baranauckas

The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.

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FTC, AGs Say Amazon Pocketed $20B With Fraudulent Auctions

By Aneeta Mathur-Ashton

The Federal Trade Commission and a bipartisan coalition of 22 states sued Amazon Monday, alleging it secretly overcharged advertising customers more than $20 billion by manipulating how it set prices for ads on its e-commerce website.

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AGs, WGA Slam Paramount's Bid For $1.9B Merger Suit Bond

By Lauren Berg

The Writers Guild of America and Democratic attorneys general urged a California federal judge Monday to reject Paramount Skydance Corp.'s bid to make them put up a $1.9 billion bond, saying it was the studio's idea to pause closing its planned $110 billion purchase of Warner Bros. Discovery.

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NJ Legal Malpractice Suit Revived Over Expert Rulings

By Lynn LaRowe

A New Jersey state appellate court on Monday revived a legal malpractice suit over an underlying medical malpractice action, saying a trial court was wrong to exclude the plaintiffs' legal expert and subsequently dismiss the case for lack of expert testimony.

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Feds Say New USPS Mail-In Ballot Rule Isn't A 'Takeover'

By Julie Manganis

A new U.S. Postal Service rule compelling states to submit voters' names to the federal government and redesign envelopes in order to have mail-in ballots delivered in November imposes "modest" requirements and is not a "federal takeover of elections," the Trump administration told a Massachusetts federal judge in a weekend filing.

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States Ask Fed. Circ. To Revive Their Temporary Tariff Claims

By Jack McLoone

Two dozen states pushed the Federal Circuit on Monday to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade's ruling that the tariffs were illegal.

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THIRD CIRCUIT

3rd Circ. OKs Ex-Biofuel Execs' Fraud Subsidy Convictions

By Kat Lucero

The Third Circuit upheld two former biofuels executives' fraud convictions tied to IRS and EPA fuel subsidies, denying them a retrial based on claims that a Pennsylvania lower court improperly refused to provide jurors more information on the agencies' regulations.

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3rd Circ. Frees Ford From Suit Over Unidentified Airbag Defect

By Mike Curley

The Third Circuit on Monday sided with Ford Motor Co. in a suit by a Virgin Islands woman who alleges that she was injured when her airbag spontaneously went off, causing her to crash, finding that she can't rely on the accident as her sole evidence of a defect.

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LEGAL INDUSTRY

Ex-Clifford Chance Attys Fight Bid To Toss Clawback Suit

By Ryan Boysen

The two partners facing a $6 million clawback demand by Clifford Chance LLP have again asked a federal judge to decide whether English or New York law should govern the arbitration, claiming the firm's partnership agreement is unclear.

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How Did Litigants Fare In Judge Albright's 55 Patent Trials?

By Dani Kass

U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

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New Report Rings Alarm On Threats To Judicial Independence

By Jack Karp

Verbal attacks on judges, disinformation about the courts and the defiance of court orders are undermining the independence of the federal judiciary and significantly affecting individual judges' ability to do their jobs, a report out Monday says.

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Roundup

Defamation Litigation Roundup: NYT, J&J, Azerbaijan

By Theresa Schliep

In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

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House Passes Bill To Curb Secret Prosecutor Orders

By Courtney Bublé

The House passed a bipartisan bill via voice vote Monday afternoon to add transparency to prosecutors' use of nondisclosure orders for telephone service providers.

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Brief

House Passes Bill Adding Texas, California Court Sites

By Courtney Bublé

The House voted 378-10 on Monday evening to expand access to federal courts in Texas and California, the two most populous states in the nation.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes over a $200 million federal grant, a $1.7 billion software take-private deal, the ouster of Better.com founder Vishal Garg and a proposed $4 million settlement stemming from an electric vehicle company's SPAC merger.

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Roundup

Hub Hires: MassBar, Kirkland, Troutman

By Chris Villani

Massachusetts' legal landscape saw a sizzling summer finish, with several major firms making hires. Kirkland added a veteran white collar defense attorney, Troutman bolstered its real estate team and Day Pitney nabbed an experienced corporate attorney.

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LAW FIRMS IN TODAY'S NEWS

Aaron Katz Law

Ali & Lockwood

ArentFox Schiff

Baker Botts

Case Law Group

Choate Hall

Clement & Murphy

Clifford Chance

Covington & Burling

Cuneo Gilbert

Day Pitney

Desmarais LLP

Duane Morris

Farmer Brownstein

Freshfields

Fried Frank

Gill & Chamas

Hinckley Allen

Holland & Knight

Kirkland & Ellis

Latham & Watkins

McDermott Will & Schulte

McGuireWoods

Milbank LLP

Munck Wilson

Munger Tolles

Nixon Peabody

Norton Rose

O'Melveny & Myers

Prince Glover

Proskauer Rose

Ropes & Gray

Rubin Rudman

Shinder Cantor

Sidley Austin

Troutman

Troutman & Troutman

Wilkinson Stekloff

Willkie Farr

Wilson Elser

Winston Taylor

COMPANIES IN TODAY'S NEWS

ASTM International

Amazon.com Inc.

American Civil Liberties Union

American Civil Liberties Union of Massachusetts

Apple Inc.

Asian Americans Advancing Justice

Basic Fun Inc.

Brennan Center for Justice

Cable News Network Inc.

Cisco Systems Inc.

Ford Motor Co.

Google LLC

Growth Corp.

Huntsman Corp.

Johnson & Johnson

LinkedIn Corp.

Massachusetts Bar Association

Massachusetts General Hospital

McKinsey & Co. Inc.

NAACP Legal Defense & Educational Fund Inc.

NCR Corp.

Natera Inc.

New York University

Olin Corp.

Pacific Legal Foundation

Skydance Media LLC

Space Exploration Technologies Corp.

Starbucks Corp.

The New York Times Co.

The University of Alabama System

University of Pittsburgh Medical Center

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Writers Guild of America East

Zuora Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

Delaware Court of Chancery

European Union

Federal Bureau of Investigation

Federal Trade Commission

Internal Revenue Service

New York Attorney General's Office

Office of the Director of National Intelligence

Oregon Attorney General's Office

Patent Trial and Appeal Board

Pennsylvania Department of Environmental Protection

Social Security Administration

U.S. Attorney's Office for the District of Massachusetts

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of the Virgin Islands

United States District Court for the Northern District of Alabama

Washington Attorney General's Office